Rolf Harris challenges indecent assault conviction – BBC News

Posted August 1st, 2014 in appeals, news, sexual offences by sally

‘Entertainer Rolf Harris has applied for permission to appeal against his conviction for indecent assaults, a spokesman for the Judicial Office says.’

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BBC News, 1st August 2014

Source: www.bbc.co.uk

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) – Supreme Court

Posted August 1st, 2014 in EC law, health, law reports, public procurement, Scotland, tenders by sally

Healthcare at Home Limited (Appellant) v The Common Services Agency (Respondent) (Scotland) [2014] UKSC 49 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) – Supreme Court

David T. Morrison & Co Limited t/a Gael Home Interiors (Respondent) v ICL Plastics Limited and others (Appellants) (Scotland) [2014] UKSC 48 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

Hounga (Appellant) v Allen and another (Respondents) – Supreme Court

Hounga (Appellant) v Allen and another (Respondents) [2014] UKSC 47 (YouTube)

Supreme Court, 30th July 2014

Source: www.youtube.com/user/UKSupremeCourt

End of the line for mediation? – New Law Journal

Posted August 1st, 2014 in budgets, dispute resolution, families, legal services, news by sally

‘Family mediation services are in decline & in need of urgent reform, says Graham Lyons.’

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New Law Journal, 31st July 2014

Source: www.newlawjournal.co.uk

The Rangers Case and EBTs – RPC Privacy Law

Posted August 1st, 2014 in employment, news, remuneration, sham transactions, trusts by sally

‘On 8 July 2014, the Upper Tribunal (Tax and Chancery Chamber) (UT) handed down its eagerly awaited judgement in HMRC v Murray Group Holdings and Others[1], which concerned an Employee Benefit Trust (EBT) structure. Most readers will know this case as the ‘Rangers Case’, as the facts relate to employees of the Scottish football club as it existed before its liquidation and subsequent purchase.’

Full story

RPC Privacy Law, 31st July 2014

Source: www.rpc.co.uk

MB v Secretary of State for Work and Pensions – WLR Daily

MB v Secretary of State for Work and Pensions [2014] EWCA Civ 1112; [2014] WLR (D) 355

‘The effect of section 4 of the Gender Recognition Act 2004, which required that a subsisting marriage be annulled prior to the issue of a full gender recognition certificate, and thus to being treated as a woman for pension purposes, did not contravene the principle of equal treatment and was accordingly not discriminatory.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) – WLR Daily

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) [2014] EWHC 1944 (Admin); [2014] WLR (D) 348

‘It might be a necessary requirement to provide a full registered (rather than non-registered) intermediary when an individual of special vulnerability, who was in jeopardy by reason of being before the courts upon criminal accusation, came to give evidence, as such a person should be put in the best position to do themselves justice.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone – WLR Daily

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081; [2014] WLR (D) 350

‘In possession proceedings the court should approach a defence based on disability discrimination under section 15 of the Equality Act 2010 in the same way as it would approach one based on article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Hounga v Allen and another (Anti-Slavery International intervening) – WLR Daily

Hounga v Allen and another (Anti-Slavery International intervening) [2014] UKSC 47; [2014] WLR (D) 353

‘A claim for the statutory tort of discrimination in relation to dismissal by an employee who had entered the United Kingdom illegally was not barred by the defence of illegality in circumstances where the application of the defence would be an affront to the public policy of protecting the victims of human trafficking.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Wiggins v Regent Wealth Ltd and others – WLR Daily

Wiggins v Regent Wealth Ltd and others [2014] EWCA Civ 1078; [2014] WLR (D) 352

‘Section 2 of the Leasehold Reform, Housing and Urban Development Act 1993 did not permit exercise of a right to collective enfranchisement in relation to leasehold interests which were not in existence at the date of service of the initial notice under section 13 of the Act, and paragraph 15(2)(b) of Schedule 3 to the Act did not confer power on the court to permit amendment of the initial notice to specify such interests.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Arcadia Group Ltd v Arcadia Group Pension Trust Ltd and another – WLR Daily

Posted August 1st, 2014 in indexation, law reports, pensions, trusts by sally

Arcadia Group Ltd v Arcadia Group Pension Trust Ltd and another [2014] EWHC 2683 (Ch); [2014] WLR (D) 354

‘The definition of “retail prices index” in pension scheme documentation operated to confer powers to select an index other than the retail prices index and those powers were not confined to circumstances in which the retail prices index had been discontinued or replaced. Section 67 of the Pensions Act 1995 did not preclude the selection of the consumer prices index for use in connection with benefits derived from past service.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily

Posted August 1st, 2014 in EC law, health, law reports, news, public procurement, Scotland, tenders by sally

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service [2014] UKSC 49; [2014] WLR (D) 351

‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted August 1st, 2014 in benefits, council tax, domicile, law reports, local government, news, ultra vires by sally

Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) [2014] EWHC 2617 (Admin); [2014] WLR (D) 349

‘The provisions of the Local Government Finance Act 1992 did not empower a billing authority for an area to impose a condition of residence on individuals seeking to utilise a council tax reduction scheme created under section 13A(2) of the Act.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Employment tribunal cases drop significantly, but claims that go forward tend to be more expensive, says expert – OUT-LAW.com

Posted August 1st, 2014 in employment tribunals, fees, news, statistics by sally

‘The number of claims referred to employment tribunals may have dropped by as much as 79% in the year since fees were introduced, according to figures produced for the Trade Unions Congress (TUC).’

Full story

OUT-LAW.com, 31st July 2014

Source: www.out-law.com

School’s out? Peers ask Government to use summer holidays to reflect on controversial judicial review reforms – UK Human Rights Blog

Posted August 1st, 2014 in bills, costs, judicial review, news, parliament by sally

‘As the House of Lords closes its gilded doors for the long recess, the Westminster village enters its equivalent of the school holidays. Yet, as Ministers pack their red boxes and MPs head diligently back to their constituency business, the House of Lords – debating the Committee Stage of controversial judicial review proposals in Part 4 of the Criminal Justice and Courts Bill – may have suggested that officials and Ministers yet have some homework to do.’

Full story

UK Human Rights Blog, 1st August 2014

Source: www.ukhumanrightsblog.com

Top London school’s ‘serious failings’ over paedophile teacher William Vahey – Daily Telegraph

Posted August 1st, 2014 in child abuse, complaints, news, school children, sexual offences, teachers by sally

‘Southbank International, a £25,000-a-year private school failed to adequately address concerns raised internally about the 64-year old American, according to a review.’

Full story

Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

Planning inspector dismisses developer’s appeal against affordable housing requirement – OUT-LAW.com

Posted August 1st, 2014 in appeals, housing, news, planning by sally

‘A planning inspector has dismissed a developer’s appeal to have the affordable housing requirement removed from a planning obligation, under a procedure introduced by the Growth and Infrastructure Act.’

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OUT-LAW.com, 31st July 2014

Source: www.out-law.com

Open justice and freedom of information – Court of Appeal judgment in Browning – Panopticon

Posted August 1st, 2014 in closed material, evidence, freedom of information, news, tribunals by sally

‘Last month I penned a post on the issue of how the principle of natural justice can be reconciled with the use of closed procedures in FOIA appeals. The post was written against the backdrop of the Court of Appeal hearing of the appeal in the Browning case. Today the Court of Appeal has handed down its judgment. Mr Browning’s appeal was dismissed.’

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Panopticon, 30th July 2014

Source: www.panopticonblog.com

Barrister led ABS: too much to take on? – The Future of Law

Posted August 1st, 2014 in alternative business structures, barristers, legal services, news by sally

‘There is a mystique to the Bar of England and Wales, designed to present a timeless image of legal practitioners. Working in rabbit warrens around the Temple, wearing robes and a horsehair wig, and dealing with only the highest levels of legal thought, it is a façade that conceals some very radical ambitions for change.’

Full story

The Future of Law, 31st July 2014

Source: www.futureoflaw.lexisnexis.co.uk